Criminal DEFENCE Blog

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Woman can’t recall bizarre attack

A wheelchair-bound woman testified Wednesday that she has no recollection of being the victim of a bizarre sexual assault on a downtown street three months ago.

But the 53-year-old woman, who at the time had a blood alcohol level of .33 - more than four times the legal driving limit - was adamant she never would have consented. The Drop-In Centre resident said she had not had sex with anyone since 1997, and certainly would not have done so in such a fashion outside on a winter day.

“I don’t have conversations like that (about sex),” the woman told Crown prosecutor Jenny Ress. “Everybody I drink with I don’t talk like that.”

The complainant also denied having kissed [the accused], 35, who is charged with one count of sexual assault for the Dec. 22 incident between two cars just off a downtown sidewalk at 11th Avenue and 2nd Street S.W. [A witness] and [her] boyfriend testified they came upon the scene about 7:45 p.m., initially thought the accused and victim were having consensual sex and took their picture to scare them away. They said the accused stood up, pulled up his pants and walked away. However, the woman was not moving, so they called the police. By the time [the] constables arrived a couple minutes later, they added, the accused was back on top of the woman and continuing the assault. The officers had to pull the man off the prone, unconscious victim and arrested him.

Chow said he has not decided whether he would call his client to testify when the trial continues before provincial court Judge Manfred Delong on May 11.